By Cat Mulligan. Last Updated 26th April 2023. Welcome to our guide on motorcycle accident claims. This article will be addressing topics such as the injuries you could sustain as the result of a motorbike accident, as well as the time limits involved for motorcycle accident claims.
Motorcycle accident claims guide
The subject of claims such as these can seem confusing. We are here to help you understand the process as clearly as possible. Our panel of solicitors have dealt with many road traffic accident claims in the past. Therefore, the legal representation we could connect you with would be very experienced in these matters.
Get in touch with our advisors today. By speaking with us directly, you’ll be able to receive bespoke advice and guidance from us regarding your claim. If you have a valid claim our advisor can put you through to No Win No Fee motorcycle accident injury lawyers. There are a few ways in which you can reach us to discuss your motorcycle claim.
- Contact us through our website by filling out our online form
- Call us on 0800 408 7825
- Chat with us using the window in the corner of your screen
Select A Section
- Common Reasons For Motorcycle Accident Claims
- What Injuries Could A Motorcycle Accident Cause?
- How Long After A Motorcycle Accident Should You Claim?
- How Serious Are Injuries In Motorcycle Accident Claims?
- Evidence To Support Motorbike Accident Claims
- What Are Motorcycle Accident Claims Worth?
- Speak To A No Win No Fee Solicitor
Common Reasons For Motorcycle Accident Claims
Motorcycle accident claims can arise for a number of reasons. However, you can only make a personal injury claim following the accident if your injuries have been caused by another road user’s negligence or the negligence of another party that owed you a duty of care. Additionally, you may also be able to claim for any injuries if you are partially at fault for the accident. In these instances your compensation, if successful, will be reduced accordingly. Here are some examples of possible scenarios that could result in a motorbike accident:
- Reckless driving – a driver may not have been concentrating, or maybe they were exceeding the speed limit. This could lead to them colliding with you.
- Inexperience – you may have only just started riding a motorbike. Without enough experience, you may find it difficult to control the vehicle. However, this scenario would not make you eligible for compensation as no one else was at fault.
- Unsafe road conditions – it’s the responsibility of the local authority to make sure that roads are in a suitable and in a safe condition. Otherwise, things like potholes can cause both cars and motorcycles to lose control and crash. This legal responsibility is stated in the Highways Act 1980.
Whilst there are other causes, the key thing to remember is that your injuries must have been sustained as the result of someone else’s negligence. If you are entirely to blame for your own injuries then you will not be eligible to claim for a motorcycle injury.
Can I Claim If I Was Partially At Fault
You may still be awarded a certain percentage of a full settlement if the liability can be split between you and the other party involved in the accident.
For example, if it’s decided that you and the other party are equally to blame, you would receive 50% of the full amount of compensation you’d have otherwise been awarded. To illustrate, in instances where you would have been awarded £20,000, you would instead be awarded £10,000.
Motorcycle Casualty And Accident Statistics
The statistics in this section have been taken from the government website. They focus on the reported motorcycle casualties up to the year 2020.
As you can see from the graph below, reported motorcycle casualties of all severity have been on a gradual decline in recent years. However, they are still taking place in their thousands. As recently as 2020, there was a total of 13,604 reported casualties of all severities.
Fatal motorcycle accidents over this period came in at 285. Next, there were 4,429 reported cases of serious injuries for those involved in a motorcycle accident. Slight injuries came in at 8,890. Altogether there were a total of 13,604 motorcycle casualties reported for 2020.
You can see the breakdown and how it compares to other recent years in the graph below.
Motorcycle accident statistics graph
What Injuries Could A Motorcycle Accident Cause?
Injuries caused by a motorcycle accident can vary in severity. However, injuries sustained by motorcyclists can be quite serious due to the reduced amount of protection when compared to that of drivers. It could be that another vehicle just bumps you whilst stationary and causes you to lose your balance, falling as a result.
Whilst this could certainly lead to an injury, it’s unlikely to be as severe as an injury caused by a high-impact collision.
Some injuries that could be caused in either circumstance include:
- Bruising
- Soft tissue damage
- Internal bleeding
- Dislocated joints
- Broken Bones (such as a wrist, ankle, or foot)
- Cuts and lacerations
- Loss of limbs
- Death due to a motorcycle accident (a fatal claim can be made by a loved one on behalf of the deceased)
The more severe the injury, the more the claim tends to be worth. Get in touch today to start the process of valuing your motorcycle accident claim.
How Long After A Motorcycle Accident Should You Claim?
Generally, you will have 3 years from the date of your accident to begin a claim. This time limit is stated in the Limitation Act 1980. Missing this window of opportunity can make it much more difficult to have your claim addressed. This is unless your claim is an exception.
For example, your injuries may not be detectable on the same date as the accident. It may take a few days or even weeks for the symptoms to arise. If you can back this up with medical evidence, you could use this alternative date for the start of your time limit. It’s known as the date of knowledge.
Child Victims
Those under 18 cannot make motorcycle accident claims themselves. It can only be done on their behalf by appointing a litigation friend. A litigation friend must be an adult with the child’s best interests in mind. It can be a parent or guardian, but also another legal adult such as a family friend or a solicitor.
Until the injured party turns 18, their time limit is suspended. It will only begin on their 18th birthday. Then, if it hasn’t already been made for them, they can pursue their own claim.
Victims With A Reduced Mental Capacity
If the injured party lacks the mental capacity to claim, then their 3-year time limit is also suspended. It will only begin if and when their mental capacity returns.
If they are not expected to recover, then the time limit can remain in place indefinitely. A litigation friend can also make a claim on their behalf.
How Long Does It Take To Settle A Motorcycle Accident Claim?
There is no specific timeframe in which motorcycle accident claims must be settled. Each claim is different. Because of this, some cases are likely to take longer than others. Some more simple claims may take a relatively short time to conclude. However, even this is not a guarantee.
Inversely, more complex claims could take months or even years to settle. The best way to gain a better understanding of how long your claim could take is to get in touch with our advisors today.
How Serious Are Injuries In Motorcycle Accident Claims?
As mentioned earlier in this article, motorcycle accident claims cover a broad spectrum. Some injuries may be only slight, and you could recover from them in a number of weeks. Others may cause be more serious and take longer to heal.
Some accidents can cause injuries that you will never recover from. This could be due to psychological reasons, or for something like the loss of a limb.
In some extreme circumstances, someone could be injured so seriously that they die as a result.
Evidence To Support Motorbike Accident Claims
An important step in the motorcycle accident claims process is collecting evidence. Evidence can benefit your claim in a number of ways; it can help prove liability, the extent of your injuries and the ways in which your injuries have affected your life. Some examples of evidence that could support motorbike accident claims include:
- CCTV footage: CCTV footage of the accident from a traffic camera or other kind of CCTV system can help illustrate how the accident occurred.
- Dashcam footage: Similar to the above, dashcam footage of the accident can help offer more insight into how the accident occurred and who was liable.
- Medical reports: Your medical records or other official reports can showcase the extent of your injuries and the treatment you will need to recover.
- Photographs: Pictures of your injuries or the accident site can also be used as evidence.
One of the benefits of working with a solicitor on your case is that they can help you ensure that you have enough evidence to support your claim. Contact our team of advisors to learn more, or read on to find out how much compensation for a motorcycle accident successful claimants could receive.
What Are Motorcycle Accident Claims Worth?
So, what is the average payout for a motorcycle accident? We are often asked this. However, there is no figure we can offer you in this article that would be accurate for everyone.
You can be compensated for both physical and mental injuries. The amount that you’re awarded for both is calculated using the same publication. It’s called the Judicial College guidelines (JCG).
Legal professionals will use these guidelines to assist them in arriving at a figure that’s relevant for your injuries. The compensation here is known as general damages.
We’ve included some figures below from the latest edition of the JCG. It was last updated in 2019. Remember, these figures are only guidelines.
| Injury | Description | Amount |
|---|---|---|
| Mental anguish | (E) The fear that you are about to die or have your lifespan reduced | £4,380 |
| Paraplegia | (b) The amount awarded will depend on things like additional impact on mental health and the extent of the pain being experienced | £205,580 to £266,740 |
| Brain damage | (c) Moderate – (iii) where memory and the ability to concentrate are affected as well as the ability to work | £40,410 to £85,150 |
| Post-traumatic stress disorder | (d) Less severe – in a period of 1-2 years, a virtually full recovery will have taken place | £3,710 to £7,680 |
| Chest | (A)(c) Continuing disability caused by damage to the chest and lung(s) | £29,380 to £51,460 |
| Neck | (a) Severe – (iii) fractures, soft tissue damage, dislocations, ruptured tendons. disability will be permanent | £42,680 to £52,540 |
| Back | (c) Minor – (iii) full recovery within 3 months | Up to £2,300 |
| Shoulder | (e) Clavicle fracture | £4,830 to £11,490 |
| Arm | (c) Less severe – substantial degree of recovery from what was a significant injury/disability | £18,020 to £36,770 |
| Arm | (d) Simple forearm fracture | £6,190 to £18,020 |
There are other sums that can be included in your compensation. For example, there are special damages. These are amounts that are intended to reimburse you for any expenditure or loss you’ve experienced due to your injuries. However, you must have evidence.
To illustrate, you could be reimbursed for a loss of earnings if you’ve missed time at work. But you’ll need to present payslips as evidence.
Get in touch today to find out more about special damages.
Speak To A No Win No Fee Solicitor
A No Win No Fee solicitor will not charge you unless they are successful in helping you make a successful claim. If your claim is not successful, then you are not obligated to cover their costs. All of the solicitors on our panel operate in this way. More formally, it’s known as a Conditional Fee Agreement (CFA).
No Win No Fee motorcycle accident injury lawyers are paid in the form of a small percentage taken from your settlement following a successful claim. The percentage is kept small by law.
To make a claim in this way, get in touch.
- Contact us through our website by filling out our online form
- Call us on 0800 408 7825
- Chat with us using the window in the corner of your screen
Related Motorcycle Accident Claims
Here are some additional links that may prove useful to you.
- Read about making a cyclist claim against a motorist.
- Our guide on scooter accident and injury claims.
- What to do if you’ve been involved in an accident in a car park.
- The rules that should be abided by on the road are listed in the Highway Code.
- You can request CCTV footage of yourself to use as evidence.
- How to know if you’ve broken a bone.
Thank you for reading our guide on motorcycle accident claims.